Oregon soldier stuck between Army duty, probation

9:29 AM, Sep 14, 2012

PORTLAND, Ore. (AP) -- A 22-year-old Army Reserve corporal has asked the Oregon Supreme Court to resolve a conflict between his Army orders to deploy to Afghanistan and his local probation requirements.

The Oregonian reports (http://is.gd/m49DzW) that if Derrick James McDonald doesn't join his unit by next week, he could be prosecuted and dishonorably discharged.

But if the Hillsboro, Ore., man does go, he'll violate terms of his Washington County probation and could be arrested when he returns home.

He was sentenced to five years of probation and sex offender treatment after pleading guilty to two misdemeanor sex offenses. A judge ruled that because McDonald hasn't completed treatment, she couldn't suspend his probation so he could fulfill his military orders.

A defense lawyer has asked the high court to review that lower court decision.

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